Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004 Page: 782
727-1096 p. ; 28 cm.View a full description of this periodical.
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(A) a copy of a current fire safety survey indicating ap-
proval by the local fire authority in whose jurisdiction the new location
is based;
(B) results of chemical and bacteriological cultures of
the product water at the new location to ensure they are in compli-
ance with 4.2.1 (relating to Water Bacteriology) and 4.2.2 (relating to
Maximum Level of Chemical Contaminants) of the American National
Standard, Water Treatment Equipment for Hemodialysis Applications,
August 2001 Edition, published by the Association for the Advance-
ment of Medical Instrumentation, 1110 North Glebe Road, Suite 200,
Arlington, Virginia 22201, (703) 525-4890;
(C) documentation verifying compliance with para-
graph (1) of this subsection; and
(D) a written plan for the orderly transition of all patient
services to the new location.
(3) The department shall conduct the design and space in-
spection described in 117.16(b)(1)(A) of this title (relating to Inspec-
tions) prior to issuance of the initial license, unless the department
waives the requirement.
(4) The department may conduct additional on-site inspec-
tions, or request additional information, before approving the reloca-
tion.
(5) The department will notify the facility in writing of the
approval or disapproval of relocation. If approved, the license will be
reissued for the new location effective on the day that patient services
are transferred to the new location.
117.12. Application and Issuance of Initial License.
(a) Application submittal. The applicant shall submit the fol-
lowing documents to the department no earlier than 60 calendar days
prior to the projected opening date of the facility:
(1) an accurate and complete application form;
(2) an approved fire safety report from the local fire author-
ity; and
(3) the appropriate license fee as required in 117.14 of this
title (relating to Fees).
(b) Design and space inspection. The department shall con-
duct the design and space inspection described in 117.16(b)(1)(A) of
this title (relating to Inspections) prior to issuance of the initial license,
unless the department waives the requirement.
(c) Presurvey conference. The applicant or the applicant's rep-
resentative shall attend a presurvey conference at the office designated
by the department. The purpose of the presurvey conference, which is
conducted by department staff, is to review facility staff qualifications,
facility policies and procedures, results of water cultures and analysis
of product water, survey documents and licensure rules, and to pro-
vide consultation prior to the on-site licensure survey. The department
staff conducting the presurvey conference is responsible for making a
recommendation regarding the issuance of the initial license. The de-
partment may waive the presurvey conference requirement.
(d) Issuance of license. When it is determined that the facility
has complied with subsections (a)-(c) of this section, the department
shall issue the license to the applicant.
(1) Effective date. The license shall be effective on the date
the facility is determined to be in compliance with subsections (a)-(c)
of this section.
(2) Expiration date.(A) For initial licenses issued prior to January 1, 2005.
(i) If the effective date of the license is the first day
of a month, the license expires on the last day of the 11th month after
issuance.
(ii) If the effective date of the license is the second
or any subsequent day of a month, the license expires on the last day
of the 12th month after issuance.
(B) For initial licenses issued January 1, 2005, or after.
(i) If the effective date of the license is the first day
of a month, the license expires on the last day of the 23rd month after
issuance.
(ii) If the effective date of the license is the second
or any subsequent day of a month, the license expires on the last day
of the 24th month after issuance.
(e) Withdrawal of application. If an applicant decides not to
continue the application process for a license or renewal of a license,
the application may be withdrawn. The department shall acknowledge
receipt of the request to withdraw.
(f) Denial of a license. Denial of a license shall be governed
by 117.84 of this title (relating to Enforcement).
(g) Inspections. During the initial licensing period, the depart-
ment shall conduct an inspection of the facility to ascertain compliance
with the provisions of the Health and Safety Code, Chapter 251, and
this chapter.
(1) A facility shall request an on-site inspection to be con-
ducted after one inpatient has been admitted and provided services.
(2) A facility shall be providing services to at least one in-
patient in the facility at the time of the inspection.
(h) Change of ownership. A change of ownership occurs when
there is a change in the person legally responsible for the operation of
the facility, whether by lease or by ownership. If a corporate licensee
amends its articles of incorporation to revise its name and the tax iden-
tification number does not change, this subsection does not apply, ex-
cept that the corporation must notify the department within 10 calendar
days after the effective date of the name change. The sale of stock of
a corporate licensee does not cause this subsection to apply. A change
of ownership requires submission of an initial license application.
(1) The new owner shall submit an application for an initial
license to the department prior to the date of the change of ownership
or not later than 10 calendar days following the date of a change of
ownership. The application shall be in accordance with subsections (a)
- (c) of this section. The applicant shall include the effective date of the
change of ownership.
(2) Inspections. The design and space and health inspec-
tions required by subsections (b) and (g) of this section may be waived
by the department.
(3) Issuance of license. When the new owner has complied
with the provisions of subsections (a) - (c) of this section, the depart-
ment shall issue a license which shall be effective the date of the change
of ownership.
(4) Expiration of license. The expiration date of the license
shall be in accordance with subsection (d) of this section.
(5) License void. The previous owner's license shall be
void on the effective date of the new owner's license.
(i) Temporary initial license. The department may issue a tem-
porary initial license in lieu of the initial license.29 TexReg 782 January 30, 2004 Texas Register
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Texas. Secretary of State. Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004, periodical, January 30, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101101/m1/54/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.